following effect:
"1. That the scheme of the Code of Criminal Procedure , 1973 in Chapter-XXV deals with provisions as to accused persons ... specifically involved in the present proceedings. Chapter-XXXIII of Code of Criminal Procedure , 1973 relates to provisions as to bail and bonds, which
IPC. One of its exception is Section 84 IPC dealing with overt acts of persons of unsound mind.
13. The very Section 84 IPC ... Bail jurisdiction of the Court under Chapter XXXV of Code of Criminal Procedure , 1973 is wide and vast. Consideration of period of incarceration, stage
from the 1861 Code of Criminal
http://www.judis.nic.in
7/40
Crl.O.P.No.4993 of 2018
Procedure, to the present Code ... suggestions made by the Law Commission resulted in the
Code of Criminal Procedure (Amendment Bill) 2006, which was presented
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like to consider Section 84 , I.P.C. and Sections under Chapter XXV of the Code of Criminal Procedure , as in cases an act which ... proceed as per procedure given under Chapter XXV of the Code of Criminal Procedure and in this case, an application under Section 329 ,
herein) with reference to Sections 311 and 391
of the Code of Criminal Procedure, 19731 and directed the
Trial Court to take on record ... mentioned in
the subject application, under Section 311 of
Code of Criminal Procedure, 1973 dated
23.01.2020. Let the file be placed before the
learned District
dealt under Section 84 IPC. Section 84 IPC is a
substantive provision which excuses the offence whereas Sections
328 and 329 Cr.P.C. affects ... statutory provisions contained in
Chapter XXV of the Code of Criminal Procedure .
It may need to be observed that the opinion of the
Psychiatrist, which
under:
Crl.M.C. No.744/2016 Page 1 of 8
"As per Section 227 of the Code of Criminal Procedure,
1973, ( ... neither been defined in the
Indian Penal Code nor in the Code of Criminal Procedure . The Persons with
Crl.M.C. No.744/2016 Page
indicate that the most
important pre-requisite to invoke the procedure
contemplated in section 340 , Cr.P.C, is that an offence
referred ... court or by
giving false answers to them. [ Criminal
Procedure Code , S. 313(3)]"
16. Upon perusing Annexure-5 complaint, we could
accused, who is claiming insanity and thereafter the procedure as prescribed under Section 328-329 Cr.P.C. would follow and it is only after ... adoption of this procedure any order could be passed under Section 330 Cr.P.C. Thus in nutshell it would not be proper for this
application for bail under Section 330 of the Code
of Criminal Procedure read with Section 439 of the Code of
Criminal Procedure ... State
The present application under Section 330 of the Code of
Criminal Procedure read with 439 of the Code of Criminal
Procedure has been preferred
